Advantage finance HP. car was abandoned? whilst i was in prison . it was not ! taking them to court in march - help

[Mr Bbrothers]

I entered into a Hire Purchase agreement for Land rover Freelander  for £18,715.08. Although the actual price was only £11,000, and I gave out my own car as part exchange, £1,100 cash deposit and was reduced to only £9,750.

 

I was advised by their representative that the service/goods would include:

1. A £360.21 pounds cash back every month for 47 payments

2. A penalty of £12 for processing unpaid scheduled

3.Final one-off payment of £535.21

 

Copies on page 10-14

 

I have already paid, £15,859.24. that is 92% of the total amount. Only £1,140.76 was left to pay off. I was paying religiously without any default at all. 

 

On the 17th of December 2019, I was arrested for disqualified driving and car was taken away by Police, and Advantage finance were contacted in December 2019 to collect the car, as the car was not yet fully paid off since I was deprived the right of my car as I was being sentence to prison.

 

I got a letter Advantage finance sent letting me know that the car was in safe storage I should not worry and they carried on taking money from my account even though the car was in their custody. my wife requested if she could collect the car because I was in prison and not in the position of talking with them, but coming out early.

 

THEIR STAFF said she will need a letter from me authorising her to collect the car.  When my Partner told me I said to her in 6 days I will be out by the time the letter arrived I would have been out because in prison the protocol to get out to write and send letters is too long.

 

I came out of prison I called Advantage finance THEY said the car was abandon and they didn’t know I was coming out so soon, the car has been sold there is nothing I can do about it, I should take the offer of £1,574.37 and I refused. NOW I TOOK THEM TO COURT.

 

What advice can you give me ,

do i qualify for a total money i have paid or not.

 

what would be my grounds to get my £15,859.24.

I am so depressed the court is coming soon in March.

 

Please i need your advice.

[dx100uk]

have you proof in writing that your wife informed them you were to be released on xxx date?

dx

[Mr Bbrothers]

Yes they even acknowledge that yes my wife called but that the car was sold that day my wife called. 

 

Yet there is a letter they wrote before that if you had paid 50% they cannot take your goods without ur consent. 

 

[dx100uk]

no its 1/3rd

look at your agreement 

[Mr Bbrothers]

Ÿes 1/3rd, the question is will I get my entire money back?

 

 

 

 

 

 

 

 

 

[dx100uk]

i doubt it 

you'd have to see what their t&C's say about abandonment, though like moneybarn advantage tend to make their own rules up.

 

i dont think they have broken the agreement to the extent of voiding it under the consumer credit act.

though you could push for more in the way of a mutual settlement.

[Mr Bbrothers]

The car was not abandoned, police handed over to them because there was still £1,400 left on the agreement. 

They even sent a letter that the car is in safe custody. 

How could one lose £15k just like that ?

 

 

[dx100uk]

So you were driving the car at the time you were arrested which ultimately resulted in prison?

 

You do also realise it's their car until the agreement is completed?

 

Dx

[dx100uk]